Ashok Jain @ Ashok Kumar Jain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34985 of 2020 Arising Out of PS. Case No.-291 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== ASHOK JAIN @ ASHOK KUMAR JAIN S/o SITARAM JAIN Resident of 493/B/I Panchshil Apartment, J.T Road, South Hawada Corporation, Shibpur, P.S-Shibpur, District-Howrah (West Bengal) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-03-2021 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.C-I-291 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The complainant alleged that during the course of regular search, one Hyundai Santro car bearing registration No.WB-06B-9327 was intercepted and 14.625 litres of Indian made foreign liquor was recovered from the car. Md. Jamshed Khan and Md. Aslam, the driver and the co-driver of the vehicle were arrested.

The learned counsel for the petitioner submits that the petitioner is innocent and he has in fact committed no offence. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.34985 of 2020(2) dt.18-03-2021 2/2 surfaced in the case during the course of investigation as the owner book of the vehicle stands on the name of the petitioner. It is submitted that petitioner had already transferred his vehicle to Abhishek Manna but the owner book could not be transferred in the name of the purchaser of the vehicle.

Be that as it may, the driver and the co-driver of the vehicle were apprehended who were carrying the liquor and the petitioner is the only owner of the vehicle, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Purnea in connection with Complaint Case No.C-I-291 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T